Buena Park Municipal Code Ch. 8.40 Regulation of Display of Harmful Matter to Minors in Public Places

The city council finds and declares as follows:

A. The display of materials harmful to minors is occurring at businesses in the city which are open to the public and which do not exclude minors.

B. As permitted pursuant to California Penal Code Section 313.1, it is the intent of the city council of the city in adding this chapter to this code, to regulate the display to minors in public places of harmful matter, as defined in California Penal Code Section 313, other than public places from which minors are excluded, by requiring the placement of devices commonly known as "blinder racks" in front of the matter so that the lower two-thirds of such matter is not exposed to view.

(Ord. 1307 § 1, 1994)

As used in this chapter:

"Exhibit"

means to show or display for public use.

"Harmful matter"

means harmful matter as defined in California Penal Code Section 313, or any successor provision thereto.

"Knowingly"

means being aware of the character of the matter as being harmful matter.

"Matter"

means matter as defined in California Penal Code Section 313, or any successor provision thereto.

"Minor"

means any natural person under eighteen years of age.

"Person"

means any individual, partnership, firm, association or other legal entity.

(Ord. 1307 § 1, 1994)

No person shall knowingly exhibit harmful matter to minors in a public place, other than a location from which minors are excluded, without the placement of devices known as "blinder racks" or covers in front of the matter so that the lower two-thirds of the matter is not exposed to public view.

(Ord. 1307 § 1, 1994)